Polaris IP, LLC v. Google Inc. et al

Filing 432

Proposed Jury Instructions by Bright Response LLC. (Attachments: # 1 Exhibit A - Post-Trial Instructions, # 2 Exhibit B - Pre-Trial Instructions, # 3 Exhibit C - Proposed Verdict Form)(Wiley, Elizabeth)

Polaris IP, LLC v. Google Inc. et al

Doc. 432 Att. 3

EXHIBIT C

Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC v. GOOGLE INC., et al. NO. 2:07-CV-371-CE JURY

PLAINTIFF BRIGHT RESPONSE, LLC'S PROPOSED VERDICT FORM In answering these questions, you are to follow all of the instructions I have given you in the Court's Instructions. 1. Did Bright Response prove by a preponderance of the evidence that Google infringes claims 28, 30, 31, 33 or 38 of the '947 patent?

Answer "Yes" or "No" for each Claim: Claim Number 28 30 31 33 38 Infringed Literally? Infringed under the Doctrine of Equivalents?

2.

Did Google prove by clear and convincing evidence that any of the listed claims of the '927 patent are invalid?

If you find the claim invalid by clear and convincing evidence answer "Yes." Otherwise answer "No." Claim Number 28 30 31 33 38 Invalid?

If you have found any claim infringed and valid (by answering "yes" in Question 1 for any claim and answering "no" in Question 2 for that same claim), then answer Question 3. Otherwise, do not answer Question 3. 3. What sum of money, if paid now in cash, do you find from a preponderance of the evidence would fairly and reasonably compensate Bright Response for Google's infringement of the '927 patent? Answer with the amount: $ _________________

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YAHOO! INC. 4. Did Bright Response prove by a preponderance of the evidence that Yahoo infringes claims 28, 30, 31, 33 or 38 of the '947 patent?

Answer "Yes" or "No" for each Claim: Claim Number 28 30 31 33 38 Infringed Literally? Infringed under the Doctrine of Equivalents?

5.

Did Yahoo prove by clear and convincing evidence that any of the listed claims of the '927 patent are invalid?

If you find the claim invalid by clear and convincing evidence answer "Yes." Otherwise, answer "No." Claim Number 28 30 31 33 38 Invalid?

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If you have found any claim infringed and valid (by answering "yes" for any claim in Question 4 and answering "no" for that same claim in Question 5), then answer Question 6. Otherwise do not answer Question 6. 6. What sum of money, if paid now in cash, do you find from a preponderance of the evidence would fairly and reasonably compensate Bright Response for Yahoo's infringement of the '947 patent? Answer with the amount: $ _________________

AOL LLC AND AMERICA ONLINE, INC. ("AOL") 7. Did Bright Response prove by a preponderance of the evidence that AOL infringes claims 28, 30, 31, 33 or 38 of the '947 patent?

Answer "Yes" or "No" for each Claim: Claim Number 28 30 31 33 38 Infringed Literally? Infringed under the Doctrine of Equivalents?

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8.

Did AOL prove by clear and convincing evidence that any of the listed claims of the '947 patent are invalid?

If you find the claim invalid by clear and convincing evidence answer "Yes." Otherwise answer "No." Claim Number 28 30 31 33 38 Invalid?

If you have found any claim infringed and valid (by answering "yes" for any claim in Question & and answering "no" for that same claim in Question 8), then answer Question 9. Otherwise do not answer Question 9. 9. What sum of money, if paid now in cash, do you find from a preponderance of the evidence would fairly and reasonably compensate Bright Response for AOL's infringement of the '947 patent? Answer with the amount: $ _________________

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10A.

Do you find that Bright Response unreasonably delayed, and has no reasonable excuse for that delay, in bringing this lawsuit against Google? Answer "yes" or "no." ________________________

10B.

Do you find that Bright Response's unreasonable and unexplained delay, if any, in filing suit prejudiced or injured Google? Answer "yes" or "no." ________________________

11A.

Do you find that Bright Response unreasonably delayed, and has no reasonable excuse for that delay, in bringing this lawsuit against Yahoo? Answer "yes" or "no." ________________________

11B.

Do you find that Bright Response's unreasonable and unexplained delay, if any, in filing suit prejudiced or injured Yahoo? Answer "yes" or "no." ________________________

12A.

Do you find that Bright Response unreasonably delayed, and has no reasonable excuse for that delay, in bringing this lawsuit against AOL? Answer "yes" or "no." ________________________

12B.

Do you find that Bright Response's unreasonable and unexplained delay, if any, in filing suit prejudiced or injured AOL? Answer "yes" or "no." ________________________ Signed this __________ day of August 2010: JURY FOREPERSON 6

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